11. DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
11.1 You acknowledge and agree that any and all links from eManMate.com and/or all other sites owned and/or operated by eManMate.com
on the World Wide Web and/or the Internet, to other sites do not constitute an endorsement from eManMate.com or any of its partners,
affiliates, and/or other sites or services. These links are provided as an information service only. It is the responsibility of the
Member to evaluate the content and usefulness of information from these links.
11.2 Because eManMate.com has no control over such sites and recourses, you acknowledge and agree that eManMate.com is not responsible
for the availability or content of such external sites or resources.
You agree not to hold eManMate.com liable for any loss or damage of any sort incurred as the result of the presence, availability
or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result
of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services
offered on or through the eManMate.com Site.
12. PROPRIETARY RIGHTS
12.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video,
or other material contained in sponsor advertisements or information presented to you by eManMate.com, its partners or advertisers,
is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that
you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized
by eManMate.com, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such
content or information without express authorization. You agree to abide by any and all information, restrictions, and/or copyright
notices displayed on the site.
12.2 To the fullest extent
permitted by law, you acknowledge and agree that any material you send to eManMate.com, by email or otherwise, including any suggestions
and comments on eManMate.com, the site, the Service and/or the Software or that you post in any areas on the Service that are accessible
to the public or eManMate.com's general membership, will be treated as non-confidential and non-proprietary and eManMate.com may use
such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission,
publication, broadcast and posting of such material in advertising and promotions. You further agree that no commission or money will
be exchanged in return.
12.3 You agree not to violate any
third party's proprietary rights by posting, distributing or reproducing any copyrighted material, trademarks, or other proprietary
information without first obtaining the prior consent of the rights holder.
You agree to not remove any proprietary rights notices contained on the eManMate.com website.
13. WARRANTIES & REPRESENTATIONS
By posting or transmitting any file, data, photograph, or other content or communication to eManMate.com or on the Service, you represent
and warrant as follows:
13.1 That the public posting and
use of the file, message, data, photograph, or other content or communication by eManMate.com and any Members will not infringe or
violate the rights of any third party, including but not limited to any intellectual property rights.
That you are using the Service in accordance with any and all applicable laws and regulations, including but not limited to your use
in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.
14.1 The Service and the materials available
on or through the eManMatecom Service are provided "as is" and "as available" and without warranties or conditions of any kind, either
expressed, implied, stsutory, in any communication with eManMate.com or its representatives, or otherwise with respect to its services.
14.2 To the fullest extent permissible under applicable law, eManMate.com specifically disclaims all warranties and conditions,
express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence
to description,fitness for a particular purpose, or non-infringement.
eManMate.com does not represent or warrant that your use of its service will be secure, uninterrupted, always available, or
error-free, or that defects will be corrected, or that this Site or the server that makes it available, are free of viruses or other
harmful components. SM.com does not represent or warrant that the materials or the results of the use of the materials available through
the Service or from third parties will be correct, accurate, timely, reliable or otherwise.
14.4 eManMate.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service.
eManMate.com will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this
Service, including, without limitation, to damages arising out of communicating and/or meeting with other Clients of the Service.
Such damages include, without limitation, physical damages, bodily injury and/or emotional distress and discomfort. Further,
eManMate.com has not and does not conduct criminal background checks on its users.
15. LIMITATION OF LIABILITY
15.1 To the fullest extent permissible under applicable law, eManMate.com shall not be liable under any circumstances, including but
not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from:
the use of or
the inability to use the eManMate.com Service,
any changes to the Service,
unauthorized access to or alteration of your transmissions
any material or data sent or received or not sent or received, or
any transactions entered into through the Service.
15.2 You specifically agree that eManMate.com is not responsible or liable for any threatening, defamatory, obscene, offensive or
illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
15.3 In no event, except in jurisdictions where such provisions are restricted, shall eManMate.com and each of its stand-alone services,
its parents, subsidiaries, affiliates, officers and employees be liable to you or any third party for any exemplary, incidental, indirect,
consequential, special or punitive damages, including any and/or lost profits arising from your use of the Site, the Service, eManMate.com,
any and all other sites, any and all services, advertising, banners, and/or any part of the Site and/or any service or services offered,
even if eManMate.com has been advised of the possibility of such damages.
15.4 At all times eManMate.com and all of its other services and affiliates shall never in any way be liable to you for more
than the amount paid.
You agree to defend, indemnify, and hold harmless eManMate.com and any affiliates,
its officers, directors, employees, agents, attorneys and third parties from any loss, liability, claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as
your conduct on or arising from your use of the eManMate.com Service and your use of the Service in violation of this Agreement and/or
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Any notice to eManMate.com shall be made via email or regular mail as listed under the Contact Us section on the Site. If the notice
concerns your withdrawal from the Service, it will be effective within a reasonable time after eManMate.com receives it. Your withdrawal
notice will not affect the legal validity or enforceability of the Agreement provided to you and electronically signed by you prior
to the effective date of your withdrawal.
eManMate.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right
18.2 You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement
must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
18.3 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
19. PROFILE DISCLAIMER
eManMate.com posts all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. At any
time you suspect anyone of wrongdoing or if at any time you feel the need to contact eManMate.com about a violation of its policy
and/or policies please contact eManMate.com at the addresses and numbers listed in the Contact Us section of the Site.
U.S. EXPORT CONTROLS
Any and/or all software from eManMate.com and any of its parents, subsidiaries, affiliates, officers and
employees, is further subject to United States export control laws and regulations. Under no circumstances can any software from this
Site be downloaded or otherwise exported or re-exported:
a. a. into or to a national or resident of Libya, Iran, Cuba, North Korea,
Iraq, Syria, or any other Country to which the U.S. has embargoed goods; or
b. b. to anyone on the U.S. Treasury Department's Table
of Denial Orders. By using this Site and any Software and/or by downloading any Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such Country or on any such list.
21.1 eManMate.com assumes no responsibility for any
interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission,
unauthorized access to, theft or destruction, or alteration of, members and/or users and/or guest communications. This includes personal
injury or damage to users, members, guest, or anyone else or to any person's computer related to or resulting from participating or
downloading materials in connection with eManMate.com and each of its stand-alone services, its parents, subsidiaries, affiliates,
officers and employees.
21.2 eManMate.com cannot guarantee
and does not promise any specific results from use of the Service and/or the Site of eManMate.com
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